Transcript South Carolina Underground Utility Safety & Damage

Effective June 7, 2012
South Carolina’s underground utility safety &
damage prevention law was originally passed in
1978.
Carolinas AGC has been a longtime advocate for
updating our law in order to help ensure
public/workforce safety, and the integrity of vital
facilities.
In 2010 proposed amendments developed by
Carolinas AGC were introduced into the SC Senate.
This lead to the gathering of a diverse coalition of
underground utility safety and damage prevention
stakeholders convening to work out compromise
legislation under the guidance of Senate staff.
The coalition included representatives of
the construction, telecommunication, gas,
electric industries; municipal/rural utilities,
state and local government, as well as other
associated entities.
The coalition met for a year, accomplishing
its goal of developing compromise
legislation, which was easily passed by both
chambers of the SC Legislature and signed
into law by the Governor on June 7, 2011;
with an effective date of June 7, 2012.
The new law brings clarity to South
Carolina’s call before you dig 811
process. Each stakeholders’
responsibilities are defined from project
design/planning to finished product. It
draws from Common Ground Alliance
“best practices,” other state laws, and
industry standards. It brings South
Carolina’s law up-to-date and in line with
USDOT guidelines.

All facility operators in South Carolina are required
to join SC811 – phased in over 3 years, Section 56-3650(B):
• (1) Operators that are members of the existing association on the
effective date of this act must remain members.
• (2) Operators with more than fifty thousand customers or one
thousand miles of facilities who are not members must join the
association within one year from the effective date of this act.
• (3) Operators with more than twenty-five thousand customers or
five hundred miles of facilities, who are not members, must join the
association within two years from the effective date of this act.
• (4) All operators that do not meet the thresholds described in
items (1), (2), or (3) must join the association within three years
from the effective date of this act.

SC811 Board of Directors will expand to include
representation from a more diverse group of safety
and damage prevention stakeholders, including
these from the construction industry 58-36-50(A):
• (12) one representative of a company licensed in South
Carolina for construction of roads and highways;
• (13) one representative of a company licensed in South
Carolina for construction of facilities;
• (14) one representative of a company licensed in South
Carolina for landscaping or irrigation;
• (15) one representative of a company licensed in South
Carolina as a general contractor or as a subcontractor in the
construction industry;
 SC811
Positive Response System:
• 58-36-20 (19) 'Positive response' means an
automated information system that allows
excavators, locators, operators, and other
interested parties to determine the status of a
locate request until excavation or demolition is
complete.
• 58-36-50 (I): The notification center shall provide
a positive response system that must be fully
operational within three years from the effective
date of this act.

Excavators are required to make only one call to 811
to give notice of intent to excavate, which will
connect them directly to SC811, Section 58-36-60:
• (A) Before commencing any excavation or demolition, the
person responsible for the excavation or demolition shall
provide, or cause to be provided, notice to the notification
center (SC811)of his intent to excavate or demolish.
• Notice for any excavation or demolition that does not involve a
subaqueous facility must be given within three to twelve full
working days before the proposed commencement date of the
excavation or demolition.
• Notice for any excavation or demolition in the vicinity of a
subaqueous facility must be made within ten to twenty full
working days before the proposed commencement date of the
excavation or demolition.
 Notices
of intent to excavate are valid for
fifteen working days – 58-36-60:
• (B) Notice given pursuant to subsection (A) shall
expire within fifteen working days after the date
of notice. No excavation or demolition may
continue after this fifteen-day period unless the
person responsible for the excavation or
demolition provides a subsequent notice
pursuant to subsection (A).

Information an excavator must provide to SC811 – 5836-60:
• (C) The notice to the notification center must contain:
 (1) the name, address, and telephone number of the person
providing the notice;
 (2) the anticipated start date of the proposed excavation or
demolition;
 (3) the anticipated duration of the proposed excavation or
demolition;
 (4) the type of proposed excavation or demolition to be conducted;
 (5) the location of the proposed excavation or demolition, not to
exceed one-quarter mile in geographical length, or five adjoining
addresses; and
 (6) whether or not explosives are to be used in the proposed
excavation or demolition.
 White
Lining area of proposed
excavation – 58-36-60 (E):
• (1) When the excavation site cannot be clearly
and adequately identified within the area
described in the notice, the excavator must
designate the route, specific area to be
excavated, or both, by pre-marking before the
operator performs a locate. Premarking must be
made with white paint, flags, or stakes.
 SC811
Positive Response system – 58-36-60 (E):
• (2) Check the notification center's positive response
system prior to excavating or demolishing to ensure
that all operators have responded and that all
facilities that may be affected by the proposed
excavation or demolition have been marked
• (4) Excavation or demolition may begin prior to the
specified waiting period if the excavator has
confirmed that all operators responded with an
appropriate positive response.

Facility Operator’s failure to respond to the
positive response system:
• 58-36-60 (6) An operator's failure to respond to the
positive response system does not prohibit the excavator
from proceeding, provided there are no visible
indications of a facility, such as a pole, marker, pedestal,
or valve at the proposed excavation or demolition site.
• However, if the excavator is aware of or observes
indications of an unmarked facility, the excavator must not
begin excavation or demolition until an additional call is
made to the notification center detailing the facility, and
an arrangement is made for the facility to be marked by
the operator within three hours from the time the
additional call is received by the notification center.
 Maintaining
facility location indicators
provided by facility operators in response
to a notice of intent to excavate:
• 58-36-60 (7) Beginning on the date provided in the
excavator's notice to the notification center, the
excavator shall preserve the staking, marking, or
other designation until no longer required. When a
mark is no longer visible, but the work continues in
the vicinity of the facility, the excavator must request
a re-mark from the notification center to ensure the
protection of the facility.
 Upon
project completion the excavator
notifies SC811 positive response system:
• 58-36-60 (8) The excavator shall notify the
notification center's positive response system
when the excavation or demolition is complete.

Facility operators response to a notice of intent to
excavate:
• 58-36-70 (A) An operator or designated representative must
provide to an excavator the following information:
 (1) The horizontal location and description of all of its facilities in the
area of the proposed excavation or demolition. The location shall be
marked by stakes, paint, flags, or any combination thereof as
appropriate depending on the site conditions of the proposed
excavation or demolition using the APWA Uniform Color Code.
 If the diameter or width of the facility is greater than three inches,
the dimension of the facility will be indicated at least every twentyfive feet in the area of the proposed excavation or demolition.
 Operators who operate multiple facilities in the same trench shall
locate each facility individually.
 (2) Any other information that would assist the excavator to identify,
and thereby avoid damage to, the marked facilities.
 Facility
operator designates 24 inch
tolerance zone:
• 58-36-20(21) 'Tolerance zone' means:
(a) if the diameter of the facility is known, the distance
of one-half of the known diameter plus twenty-four
inches on either side of the designated center line;
(b) if the diameter of the facility is not marked, twentyfour inches on either side of the outside edge of the
mark indicating a facility; or
(c) for subaqueous facilities, a clearance of fifteen feet
on either side of the indicated facility.

Time frame for facility operator to respond to a
notice of intent to excavate:
• 58-36-70 (B) (B) The information in subsection (A) must
be provided to the excavator within:
• (1) three full working days, not including the day the
notice was made, for a facility after notice of the proposed
excavation or demolition to the notification center;
• (2) ten full working days, not including the day the notice
was made, for a subaqueous facility after notice of the
proposed excavation or demolition to the notification
center; or
• (3) as otherwise provided by written agreement by the
excavator and the operator or designated representative
of the operator.

Extraordinary Circumstances:
• (11) 'Extraordinary circumstances' means circumstances
which make it impractical or impossible for the operator
to comply with the provisions of this chapter.
Extraordinary circumstances may include hurricanes,
tornadoes, floods, ice, snow, and acts of God.
• (F) If extraordinary circumstances prevent the operator
from marking the location in the required time period, the
operator must notify the excavator either by contacting
the notification center or by directly contacting the
excavator. The operator must state the date and time
when the location will be marked.
 Facility
operators provide positive
response:
• 58-36-70(D) An operator must provide a positive
response to the notification center prior to the
expiration of the required notice period. This
response shall indicate the status of the required
activities of the operator or designated
representative in regard to the proposed
excavation or demolition
 Conducting
excavation activities
• 58-36-60(3) Plan the excavation or demolition to
avoid damage to or minimize interference with
facilities in and near the construction area.

Excavation within designated tolerance zone:
• (9) An excavator may not perform any excavation or
demolition within the tolerance zone unless the following
conditions are met:
 (a) no use of mechanized equipment, except non-invasive
equipment specifically designed or intended to protect the
integrity of the facility, within the marked tolerance zone of an
existing facility until:
 (i) the excavator has visually identified the precise location of
the facility, or has visually confirmed that no facility is present
up to the depth of excavation; and
 (ii) reasonable precautions are taken to avoid any substantial
weakening of the facility's structural or lateral support, or
both, or penetration or destruction of the facilities or their
protective coatings…
• …Mechanical means may be used, as necessary, for initial
penetration and removal of pavement or other materials
requiring use of mechanical means of excavation and then only
to the depth of the pavement or other materials. For parallel
type excavations within the tolerance zone, the existing facility
shall be visually identified at intervals not to exceed fifty feet
along the line of excavation to avoid damages. The excavator
shall exercise due care at all times to protect the facilities when
exposing these facilities;
• (b) maintain clearance between a facility and the cutting edge
or point of any mechanized equipment, taking into account the
known limit of control of such cutting edge or point, as may be
reasonably necessary to avoid damage to such facility; and
• (c) provide support for facilities in and near the excavation or
demolition area, including backfill operations, as may be
reasonably required by the operator for the protection of such
facilities.

Emergency excavation or demolition 58-36-80:
• (A) An excavator performing an emergency excavation or
demolition is exempt from the notice requirements in
Section 58-36-60. However, the excavator must give, as
soon as practicable, oral notice of the emergency to the
notification center and the facility operator. The excavator
must provide a description of the circumstances to the
notification center and request emergency assistance
from each affected operator in locating and providing
immediate protection to the facilities.
• (B) The declaration of an emergency excavation or
demolition does not relieve any party of liability for
causing damage to an operator's facilities, even if those
facilities are unmarked

Excavation Damage 58-36-90:
• (A) The excavator performing an excavation or
demolition that results in any damage to a facility must,
immediately upon discovery of such damage, notify the
notification center and the facility operator, if known, of
the location and nature of the damage. The excavator
must allow the operator reasonable time to accomplish
necessary repairs before completing the excavation or
demolition in the immediate area of such facility. The
excavator shall delay any backfilling in the immediate
area of the damaged facility until authorized by the
operator. The repair of any damage shall be performed
by the operator or by qualified personnel authorized by
the operator.
 Excavation
Damage and Calling 911
Immediately 58-36-90:
• (B) An excavator responsible for any excavation or
demolition that results in damage to a facility where
damage results in the escape of any flammable,
toxic, or corrosive gas or liquid, or electricity, or
endangers life, health, or property, immediately shall
notify emergency services, including 911, the
notification center and the operator, if known. The
excavator must take reasonable measures to protect
themselves, those in immediate danger, the general
public, property, and the environment until the
operator or emergency responders have arrived and
completed their assessment.

Additional responsibilities of facility operators 58-36-70:
• (G) All facilities installed by or on behalf of an operator as of the
effective date of this act, must be electronically locatable using a
generally accepted locating method by operators.
• (H) A facility locator must notify the operator if the locator becomes
aware of an error or omission in facility placement documentation. The
operator must update its records to correct the error or omission.
• (I) An operator must prepare, or cause to be prepared, installation
records of all facilities installed on or after the effective date of this act
in a public street, alley, or right-of-way dedicated to public use,
excluding service drops and services lines. The operator must
maintain these records in its possession while the facility is in service.
• (J) An operator that fails to become a member of the association as
required by Section 58-36-50(B) may not recover for damages to a
facility caused by an excavator that has complied with this chapter and
has exercised reasonable care in the performance of the excavation or
demolition.

Design Locates 58-36-100:
• (A) A designer may submit a design request to the notification center. The
design request shall describe the tract or parcel of land for which the design
request has been submitted with sufficient particularity, as defined by policies
developed and promulgated by the notification center, so that the operator can
ascertain the precise tract or parcel of land involved.
• (B) Within fifteen working days after a design request has been submitted to
the notification center for a proposed project, the operator shall respond by
one of the following methods:
 (1) designate the location of all facilities within the area of the proposed excavation
pursuant to Section 58-36-70(A);
 (2) provide to the person submitting the design request the best available description of
all facilities in the area of proposed excavation, which may include drawings of facilities
already built in the area, or other facility records that are maintained by the operator; or
 (3) allow the person submitting the design request or any other authorized person to
inspect the drawings or other records for all facilities within the proposed area of
excavation at an acceptable location.
 Exemptions:
• 58-36-110 A person is exempt from the requirements
of Section 58-36-60(A) when an excavation is
performed under the following conditions:
 (1) by the owner of a single-family residential property on
his own land when the excavation:
 (a) does not encroach on any operator's known right-of-way,
easement, or permitted use;
 (b) is performed with non-mechanized equipment; and
 (c) is less than ten inches in depth;
 (2) tilling or plowing of soil when less than twelve inches in
depth for agricultural purposes;

Exemptions:
• (3) for excavation with non-mechanized equipment by an
operator or an agent of an operator for the following
purposes:
 (a) locating for a valid notification request, or for the minor
repair, connecting or routine maintenance of an existing
facility; or
 (b) underground probing to determine the extent of gas or
water migration.
• (4) when the Department of Transportation, a local
government, special purpose district, or public service
district is carrying out maintenance activities within its
designated right-of-way, which may include resurfacing,
milling, emergency replacement of signs critical for
maintaining safety, or the reshaping of shoulder and
ditches to the original road profile.
 Enforcement:
• Section 58-36-120 Any person who violates any
provision of this chapter shall be subject to a civil
penalty not to exceed one thousand dollars for each
violation. Actions to recover the penalty provided for
in this section shall be brought by the Attorney
General at the request of the injured party in the
proper forum in and for the county in which the
cause, or some part thereof, arose or in which the
defendant has its principal place of business or
resides. All penalties recovered in any such actions
shall be equally divided between the state's general
fund and the Office of the Attorney General.
 Enforcement:
• This chapter does not affect any civil remedies
for personal injury or property damage except
as otherwise specifically provided for in this
chapter. The penalty provisions of this chapter
are cumulative to, and not in conflict with,
provisions of law with respect to civil remedies
for personal injury or property damage."
 Costs & Liabilities 58-36-40:
• (A) Any costs or expenses associated with
compliance by an excavator with the requirements in
this chapter applicable to excavators shall not be
charged to any operator. Any costs or expenses
associated with compliance by an operator with the
requirements in this chapter applicable to operators
shall not be charged to any excavator. Neither the
association nor the notification center may impose
any charge on any person giving notice to the
notification center.
• (B) This section shall not excuse an operator or
excavator from liability for any damage or injury for
which it would be responsible under applicable law.
Carolinas AGC is proud of the part we
played in developing, introducing and
making this law a reality.
We appreciate the legislative champions,
Governor, facility operators, SC811 and
all who played a role in passing a law that
will help ensure public/workforce safety
and keep facility damage to an ultimate
minimum.
Visit:
www.CarolinasAGC.org
www.SC811.org